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<br />.. <br /> <br />- <br /> <br />. <br /> <br />McDERMOTT, KIEHNHOFF & MECONI <br />ATTORNEYS AT lAW <br /> <br />JOHN A. McDERMOTT <br />TOM N, KI EHNHOFF <br />ROCCO F. MEGONI <br /> <br />601 GREENWOOD AVENUE <br />P. O. BOX 1577 <br />CANON CITY, COLORADO 81212 <br />TELEPHONE 303/275-7551 <br /> <br />OF COUNSEL: <br />J. HARRISON HAWTHORNE <br /> <br />January 10, 1987 <br /> <br /> <br />BRENDA l. MILLIGAN <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />Denver, CO 80203 <br /> <br />Attn: N.C. Ioannides, P.E., Chief <br />Project Planning and Construction Section <br /> <br />Re: Attorneys Opinion (Project Contract Between the Department <br />of Natural Resources, Colorado Water Conservation Board and <br />The Grand View Irrigation Company for Phase II of the <br />Company's Pipeline-Siphon Project) <br /> <br />Dear Mr. Ioannides: <br /> <br />In regard to your letter dated December 18, 1986 concerning the <br />above matter, please be advised that I have reviewed the necessary <br />records of The Grand View Irrigation Company and render the <br />following opinions: <br /> <br />1. Mannie A. Colon, Jr. who has signed pertinent documents in <br />his capacity as the president of The Grand View Irrigation Company <br />has been duly elected or appointed to that position. <br /> <br />2. The said Mannie A. Colon, Jr. has the authority to bind The <br />Grand View Irrigation Company. In addition, the above-referenced <br />contract has been validly approved by the governing body of The <br />Grand View Irrigation Company. I attach a copy of the January 9, <br />1987 Minutes recording that approval. <br /> <br />3. Article XI, Section 1 of the Colorado Constitution is <br />inapplicable to the issue of whether or not The Grand View <br />Irrigation Company can enter into the above-referenced contract. <br />In any event, not only the governing body of The Grand View <br />Irrigation Company has authorized approval of the contract, but the <br />shareholders as a whole have specifically approved the <br />pipeline-siphon project and entry into a contract with your Board <br />for both phases of that project at a special meeting of said <br />shareholders called for that purpose, and held on December 14, <br />1985. A copy of the pertinent minutes were attached to my letter <br />to you dated February 6, 1986 concerning this project. <br />